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25 February 2022
Issue: 7968 / Categories: Features , Aviation
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Airline strikes: extraordinary circumstances?

73190
Lee Finch & Ann-Marie O’Neil examine the high threshold for determining which events are outside an airline’s control
  • Industrial action by an airline carrier’s employees touching on their conditions of employment did not amount to an ‘extraordinary circumstance’ for the purposes of Art 5(3) of Regulation (EC) 261/2004.
  • Where flights are cancelled as the result of such strikes, carriers are liable to pay compensation to the affected passengers.
  • Involved consideration of CJEU decisions which had been issued after the end of the implementation period.

Ryanair recognised unions for the first time in December 2017. Subsequently, unions in multiple jurisdictions commenced negotiations with Ryanair. The Irish union, Fórsa, made 11 demands in relation to the seniority structure among Irish pilots. Ryanair argued that these demands could not be satisfied as they would compromise its business model and ability to operate as a low-cost airline. As a result of the failed negotiations, pilots and cabin crew employed by Ryanair went on strike in July, August and September 2018.

The strike caused the cancellation of multiple

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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